Roshan Kumar Mishra vs The State Of Karnataka
2024 Latest Caselaw 27643 Kant

Karnataka High Court

Roshan Kumar Mishra vs The State Of Karnataka on 19 November, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                 -1-
                                                           NC: 2024:KHC:47139
                                                         WP No. 23334 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                        WRIT PETITION NO. 23334 OF 2023 (GM-RES)

                   BETWEEN:

                        ROSHAN KUMAR MISHRA
                        S/O AMARKUMAR MISHRA
                        AGED ABOUT 24 YEARS
                        R/A PRAKASH'S RENTAL HOUSE,
                        HENNANAGAR GATE BUS STOP
                        NEAR SHANKAR KITCHEN HOTEL,
                        HOSUR MAIN ROAD,
                        BENGALURU - 560 105.
                                                                  ...PETITIONER
                   (BY SRI. ANISH JOSEPH.,ADVOCATE)

                   AND:

                   1.   THE STATE OF KARNATAKA
                        BEGURU POLICE STATION,
                        ELECTRONIC CITY SUB DIVISION
                        BENGALURU CITY
Digitally signed
by NAGAVENI             REPRESENTED BY SPP,
Location: HIGH          HIGH COURT OF KARNATAKA
COURT OF                BENGALURU - 560 001.
KARNATAKA
                   2.   VENKANNA S.K.,
                        S/O UNKNOWN,
                        AGED ABOUT 35 YEARS,
                        WORKING AS HC - 8855,
                        BEGURU POLICE STATION,
                        BENGALURU CITY,
                        KARNATAKA - 560 068.
                                                               ...RESPONDENTS
                   (BY SMT. RASHMI PATIL, HCGP FOR R1)
                                         -2-
                                                       NC: 2024:KHC:47139
                                                  WP No. 23334 of 2023




        THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE
CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE FIR
REGISTERED BY THE BEGURU POLICE STATION, BENGALURU CITY IN
CRIME NO.0143/2022 DTD 31.05.2022                 REGISTERED    FOR THE
OFFENCES PUNISHABLE U/S 20(b) OF NDPS ACT, 1985, WHICH IS
PRESENTLY      PENDING         BEFORE    THE   41ST    ADDL   CMM   COURT,
NRUPATHUNGA            ROAD,    BANGALORE      CITY,    ARRAIGNING    THE
PETITIONER HEREIN AS ACCUSED RESPECTIVELY.


        THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:


CORAM:       HON'BLE MR JUSTICE M.NAGAPRASANNA


                               ORAL ORDER

Learned HCGP on instructions would submit that the

charges have been framed and the petition would not be

entertainable at this juncture.

2. In the light of the charges being framed, the

entertainment of the petition will run foul of the judgment of

the Apex Court in the case of MINAKSHI BALA V. SUDHIR

KUMAR1.

(1994) 4 SCC 142

NC: 2024:KHC:47139

3. Reserving liberty to the petitioner to avail of such

remedy, as is available in law, the petition stands disposed.

Sd/-

(M.NAGAPRASANNA) JUDGE

RU